N.Y. Domestic Relations Law § 77-g: Expedited enforcement of child custody determination

§ 77-g. Expedited enforcement of child custody determination. 1. A

petition under this title must be verified. Certified copies of all

orders sought to be enforced and of any order confirming registration

must be attached to the petition. A copy of a certified copy of an order

may be attached instead of the original.

2. A petition for enforcement of a child custody determination must

state:

(a) whether the court that issued the determination identified the

jurisdictional basis it relied upon in exercising jurisdiction and, if

so, what the basis was;

(b) whether the determination for which enforcement is sought has been

vacated, stayed, or modified by a court whose decision must be enforced

under this article and, if so, identify the court, the case number, and

the nature of the proceeding;

(c) whether any proceeding has been commenced that could affect the

current proceeding, including proceedings relating to domestic violence,

child abuse or neglect, protective orders, termination of parental

rights, and adoptions and, if so, identify the court, the case number,

and the nature of the proceeding;

(d) the present physical address of the child and the respondent, if

known;

(e) whether relief in addition to the immediate physical custody of

the child and attorney's fees is sought, including a request for

assistance from law enforcement officials and, if so, the relief sought;

and

(f) if the child custody determination has been registered and

confirmed under section seventy-seven-d of this title, the date and

place of registration.

3. Upon the filing of a petition, the court shall issue an order

directing the respondent to appear in person with or without the child

at a hearing within three court days and may enter any order necessary

to ensure the safety of the parties and the child. The hearing must be

held not more than three court days after the filing of the petition,

provided that the petition has been served not less than twenty-four

hours prior to the hearing. Service may be by any means directed by the

court pursuant to section three hundred eight of the civil practice law

and rules. The court may extend the date of the hearing briefly for good

cause shown or upon the request of the petitioner.

4. An order issued under subdivision three of this section must state

the time and place of the hearing and advise the respondent that at the

hearing the court will order that the petitioner may take immediate

physical custody of the child and the payment of fees, costs, and

expenses under section seventy-seven-k of this title, and may schedule a

hearing to determine whether further relief is appropriate, unless the

respondent appears and establishes that:

(a) the child custody determination has not been registered and

confirmed under section seventy-seven-d of this title and that:

(1) the issuing court did not have jurisdiction under title two of

this article;

(2) the child custody determination for which enforcement is sought

has been vacated, stayed, or modified by a court having jurisdiction to

do so under title two of this article or that enforcement would violate

subdivision one-c of section two hundred forty of this chapter or

section one thousand eighty-five of the family court act;

(3) the respondent was entitled to notice, but notice was not given in

accordance with the standards of section seventy-five-g of this article,

in the proceedings before the court that issued the order for which

enforcement is sought; or

(b) the child custody determination for which enforcement is sought

was registered and confirmed under section seventy-seven-c of this

title, but has been vacated, stayed, or modified by a court of a state

having jurisdiction to do so under title two of this article.